Republic of the Philippines

REGIONAL TRIAL COURT

5th Judicial Region
Branch 61, Iriga City
PEOPLE OF THE PHILIPPINES,
Complainant,
-versus-

CRIM.CASE NO. 567498

For: HOMICIDE

LESTER LLOYD D. VALENZUELA,

Accused.
x----------------------------------------------x
MOTION TO QUASH

ACCUSED, through counsel and unto the Honorable Court, most

respectfully move to quash the information filed by Assistant City
Prosecutor Tristan Jordan Margate for Homicide on the following grounds:
1. That the Honorable Court trying the case has no jurisdiction over the
person of the accused due to the illegality of the arrest; and
2. That the Assistant City Prosecutor who filed the information against
the accused has no authority to do so due to the absence of the
approval of the City Prosecutor.
ARGUMENTS
I.

The Honorable Court trying the case has no jurisdiction over

the person of the accused due to the illegality of the arrest.

Section 5 (b), Rule 113 of the Revised Rules of Criminal Procedure,

provides that an arrest without warrant may be done: When the offense has
just been committed and he has probable cause to believe based on personal
knowledge of facts or circumstances that a person to be arrested has
committed it;
As per perusal of the affidavit of SPO2 Ronnie Hufancia, Police Officer
of Iriga City Police Station, it appears that the warrantless arrest conducted
by them against the accused does not constitute a valid in flagrante arrest.
Reliable information alone, absent any overt act indicative of a felonious
enterprise in the presence and within the view of the arresting officers, is not
sufficient to constitute probable cause to justify the arrest (People v. Nuevas,
G.R. No. 170233, February 22, 2007).

II.

The Assistant City Prosecutor who filed the herein information

has no authority to do so due to the absence of the approval of
the City Prosecutor.

It is clearly stated under Section 4 par.3, Rule 112 of the Revised Rule
on Criminal Procedure that: No complaint or information may be filed
or dismissed by an investigating prosecutor without the prior written
authority or approval of the provincial or city prosecutor or chief state
prosecutor or the Ombudsman or his deputy.
It is apparent on the information filed against the herein accused that the
same was filed by Asst. Prosecutor Tristan Jordan Margate but it was not
approved by the City/Provincial Prosecutor, thus, he has no authority to file
it without the approval of the latter.
PRAYER
NOW THEREFORE, premises considered, it is most respectfully prayed
that the Honorable Court issue an order dismissing the information filed
against the accused on the basis of the above-mentioned grounds.
Other reliefs, just and equitable, are likewise prayed for.
Iriga City, Philippines, February 10, 2015.

ATTY. MONA LIZA C. NOVELA

Counsel for the Accused
NOVELA & BARROGA LAW FIRM
2/F Tansylit Bldg., San Roque, Iriga City
PTR No. 2345678, Jan. 2, 2015, Iriga City
Roll No. 33445
IBP Lifetime No. 456789
MCLE Compliance IV-0005776

REQUEST FOR AND NOTICE OF HEARING

THE BRANCH CLERK OF COURT
Regional Trial Court
Branch 61, Iriga City
Greetings!
Please submit the foregoing Motion to the Court for its consideration
and approval immediately upon receipt hereof and kindly include the same
in the courts calendar for hearing on February 13, 2015 at 8:30 in the
morning.
ATTY. TRISTAN JORDAN MARGATE
Assistant City Prosecutor
Hall of Justice, San Isidro, Iriga City
Greetings!
Please take notice that the foregoing Motion to Quash shall be
submitted for the consideration and approval of the Honorable Court on
Friday, February13, 2015 at 8:30 in the morning or as soon as counsel and
matter may be heard.
ATTY. MONA LIZA C. NOVELA
Counsel for the Accused
NOVELA & BARROGA LAW FIRM
2/F Tansylit Bldg., San Roque, Iriga City
PTR No. 2345678, Jan. 2, 2015, Iriga City
Roll No. 33445
IBP Lifetime No. 456789
MCLE Compliance IV-0005776
Copy Furnished through Personal Service:
ATTY. TRISTAN JORDAN MARGATE
Assistant City Prosecutor
Hall of Justice, San Isidro, Iriga City
Date received: _________________
Signature:_____________________
MS. JANNIE JILL B. CALLOS
Private Complainant
Salvacion, Iriga City
Date received: _________________

Signature:_____________________